§ Lieut.-Colonel MOORE-BRABAZONI beg to move, in page 2, line 38, to leave out from the word "restrictions" to the first word "any" in line 40, and to insert 903 instead thereof the words "with respect to."
This is the first of a series of Amendments which are intended to give effect to a pledge given by the Minister when the Bill was in Committee. It will be remembered that there was an Amendment proposed upstairs and adopted, providing for the removal or alteration, and the prevention of the erection of walls, fences, etc., at road corners, and the same hon. Member who proposed this Clause had a very similar Clause down restricting building operations at dangerous corners. The Minister at the time gave an undertaking that he would endeavour to incorporate these things in the same Clause, and it is in doing that that we have had to put down so many Amendments to this Clause as it stands. We have had to put two other things into the Clause to provide some protection to the interests of local authorities interested in building, but who are not the highway authority. A typical instance is the main road where the highway authority is the county council, but the district councils are interested in the question of building.
§ Amendment agreed to.
§ Further Amendments made:
§ In page 3, line 3, leave out paragraphs (a) and (b), and insert instead thereof:
- "(a) directing the owner or occupier of the land to alter the height or character of any wall (not being part of a permanent building), fence, or hedge thereon so as to cause it to conform with any requirements specified in the notice; or
- (b) restraining the owner and occupier of the land, either absolutely or subject to such conditions as may be specified in the notice, from permitting any building, wall fence, or hedge to be erected or planted on the land.
§ Provided that—
- (i) there shall be annexed to any notice served under this Section a plan showing the land to which the notice relates; and
- (ii) a notice restraining the erection of any building upon land shall not be served by the Minister or any county council or other highway authority except with the consent of the local authority for the district in which the land is situated; and
- (iii) the owner or occupier of any land shall not be restrained by a notice served under this Section from executing or permitting the reconstruction or repair in such manner as not to create any new obstruction to the view of persons using the highways adjacent to the land of any building which was upon the land before the service of the notice;
- (iv) if in connection with a notice served under this Section any question arises whether a wall is part of a permanent building the question shall be determined by arbitration.
§ (2) Any restrictions imposed by a notice served under this Section shall come into force upon the service of the notice and shall remain in force until the notice is withdrawn by the Minister, county council, or other highway authority by whom it was served, and any such restrictions shall, while in force, be binding upon any successor in title to the owner or occupier of the land to which they relate unless he proves that when he became the owner or occupier of the land he had, after making due inquiries, no reasonable cause to suspect that any such restrictions were in force."
§ In page 3, line 12, after the word "notice," insert the words "or objects to restriction imposed thereby."
§
In page 3, line 16, at the end, insert the words
and upon any such arbitration the award may direct that the notice shall have effect with or without any modifications, or that it shall be withdrawn.
In page 3, line 31, leave out from the word "shall" to "and" in line 36, and insert instead thereof the words
without prejudice to any other proceedings which may be taken against him, be guilty of an offence under this Act, and shall be liable on summary conviction thereof to a penalty not exceeding five pounds, and any person so convicted shall within such time as the Court may allow do all such things as may be necessary to conform to the requirements or restrictions imposed by the notice.
§ In page 4, line 2, after the word "expenses," insert the word "reasonably."
§
In page 4, line 4, leave out from the word "of" to the word "be" in line 6, and insert instead thereof the words
any requirement of a notice served under this Section, or any person who proves that the value of his interest in any land has been reduced by restrictions relating to the land imposed by any such notice shall, if he makes a claim within six months after the service of the notice.
§ In page 4, line 22, leave out the words "wall, fence, or hedge upon."
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§
In page 4, line 33, leave out from the word "or" to the word "by" in line 34, and insert instead thereof the words
if that cannot be found."—[Lieut.-Colonel Moore-Brabazon.]
§ Brigadier-General CLIFTON BROWNI beg to move, in page 4, line 36, to leave out the word "or" and to insert instead thereof the word "and."
§ Mr. J. JONESWill this make the occupier responsible for payment? Who is responsible if the landlord does not pay?
§ Brigadier-General CLIFTON BROWNIt is a small Amendment that is not likely to have the effect suggested by the hon. Member. It is only a question of serving the notice.
§ Amendment agreed to.
§ Further Amendments made: In page 4, line 39, leave out the word "or", and insert instead thereof the word "and."—[Brigadier-General Clifton Brown.]
§ In page 5, line 21, leave out from the word "any" to the word "any" in line 4.
§ In page 5, leave out lines 7 to 12, inclusive.
§
In page 5, line 18, at the end insert a new Sub-section:
(13) Nothing in this Section shall apply with respect to any wall belonging to a railway company or to the owners, trustees, or conservators acting under powers conferred by Parliament of any canal, inland navigation, dock, or harbour where the wall forms part of or is necessary for the maintenance of their railway, canal, inland navigation. dock, or harbour."—[Lieut.-Colonel Moore-Brabazon.]
§ Mr. CLARRYI beg to move, in page 5, line 18, at the end to insert the words:
Nothing in this Section shall apply to any wall belonging to a railway company and forming part of or necessary for the maintenance of their railway.
§ Captain BOURNEI beg to second the Amendment.
§ Amendment negatived.